Transfer of Part

Table of Contents

Useful Links

Advance Notices

Burdens Section Information

Deed Plan Must Be Acceptable

Development Plan Approval

Mapping Tenement Properties

Mineral Titles

Property Section Information

Requirements of Registrable Deeds

Servitudes

Shared and Sharing Plots - Legal Settle

Shared and Sharing Plots - Plans Settle

General

A transfer of part (TP) arises in two situations, namely (1) when a new right subordinate to part or all of a registered right is created and (2) when a new registered proprietor acquires title to part of the land held under a registered title. In either case, the application form will indicate that the deed affects part of a registered title, and the deed type will be one that transfers title to property or creates a new interest (i.e. grant of a lease). The result of such an application is twofold: the relevant right or part is removed from the title sheet for the existing registered title (the ‘Parent Title’) and a new title sheet is created for the new right created or part transferred.

Where an application other than the creation of a new right or a transfer of title (e.g. a deed of restriction of a registered security, or a standard security accompanying the transfer of the whole title) relates to part only of a registered title, the application is classed as a dealing with whole.

Common Dealings Over Parent Title

Many different types of dealing with whole can be submitted against parent titles. A selection of the most common is included below, together with the action to be taken.

Disposition of the whole subjects in a parent title

If the description of the subjects disponed is by reference to the parent title number, and there is no indication in the deed that it is not intended to transfer the whole subjects, it can be assumed that everything in the parent title, at the date of registration of the DW, is being transferred. Subjects in TPs registered prior to the DW are automatically excluded from the DW over the parent title, unless the sale was within 35 days of the current application and the current deed is protected by an advance notice, in which case further consideration is required.

If it was intended that any previously excepted subjects were also to be conveyed then the title number of the TP should be referred to and the proprietor of those subjects should be a party to the deed.

Standard security over the parent title

In cases where a plan is submitted or there is a verbal description of part of the subjects in the parent title, the DW should be submitted to the plans section for 'ident'. Plans will then confirm exactly what is affected in relation to the parent title by the security.

(1) If plans confirm that the security is over an extent coextensive with the parent title, and no intervening TP applications have been received, there is no need to make any alterations to the application notes and instructions.

(2) When plans confirm that the security affects only part of the parent title, action must be taken to aid the production of accurate reports. The ‘additional information’ box of the application workdesk will be amended to show that only part of the subjects is affected. This is an indication to a Reporter that a check must be made of that application as to whether the subjects being reported on are affected by that particular DW. The parent title securities section entry should clearly define that the deed only affects part of the title - see styles for security entries in the securities section on the page Securities Section Information.

(3) When plans advise that the standard security affects subjects which fall either partly or wholly outwith the parent title and no application has been submitted against the other affected title(s), the application should be rejected.

Deed of Conditions over parent title

Almost invariably, the deed will contain a plan. The DW is therefore passed to plans for ident, where similar action is taken in the event of the points detailed at (1) to (3) immediately above. In the event that there is no deed plan, the deed of conditions will be given effect to in relation to the whole subjects remaining in the parent title as at the date of receipt, unless this is clearly at variance with any verbal description in the deed.

Variation of burdens over parent title

Discharges of real burdens, or formerly minutes of waiver, are more commonly registered for the burdened proprietor’s interest and in these cases, if a parent title is affected, it is sufficient to find out from the plans section whether the benefited proprietor's interest is registered. How to proceed is dependent on when the burden was originally created and guidance is provided for where the burden was created prior to 28 Nov. 2004, and for where the burden was created after that date by dual registration.

If the burden being varied has been created since 28 November 2004 then, in terms of section 105 of the Title Conditions (Scotland) Act 2003, the benefited proprietor's title sheet requires to be updated whether or not an application has been submitted against that interest. If that interest is registered a DW (or TU) application should be created to effect this change. If the benefited proprietor's interest is not registered, a search sheet for their interest should be traced and a note in the following form added to it.

'Discharge of burden/Minute of waiver' registered (date) affects subjects [postal address] in (Title Number)’

Documents Submitted With Application

Documents that affect only the parent title submitted with TP application

If documents affecting only the parent title (e.g. discharge or standard security over the whole subjects, deed of conditions etc.) are lodged with the TP application, they are regarded as dealings with whole of the parent title and a separate application for registration of the deed against the parent title is required. Care must be taken in deciding whether the TP application should be processed prior to the dealing with whole. The dealing with whole must not be backdated to a date prior to the receipt of the application form(s). If the TP has been taken on, then difficulties may arise, particularly with deeds of conditions (e.g. where the deed of conditions contains rights benefiting the TP). In that instance, the title should be referred to a senior caseworker to take appropriate action.

Documents affecting both the TP application and other registered titles, or titles in the sasine register

Where a document is submitted which affects both the subjects in the TP application and subjects belonging to third parties (e.g. deed of servitude, deed of variation of burdens), care should be taken to ensure that any appropriate applications are made against affected title sheets and/or, where necessary, recording in the sasine register is arranged.

Creation of Subordinate Right

A transfer of part may result from the creation of a subordinate right, such as a lease, out of the parent title. For example, the effect of a long lease or a long sub-lease is that two interests are created. These interests are that of the granter or lessor, who becomes the landlord, and that of the grantee or lessee, who becomes the tenant. A new title sheet has to be opened in respect of the tenant's interest regardless of whether the extent of the land covered by the grant amounts to the whole, or only part, of the land in the parent title.

Transfer Where No Subordinate Right Created

The following forms of transfer fall into this category:

Disposition (conveyance),
Contracts of excambion of parts of registered rights,
Partial assignations of leasehold interest and
GVDs affecting part of registered subjects.

In each of these cases, the whole part is removed from the granter's title and a new title sheet opened. The examples given above are not intended to be exhaustive.

Description of subjects

The description in the deed of transfer of part (and any related deeds such as Deeds of Restrictions, etc) must be sufficient to enable the part to be identified (most commonly a plan is submitted) and the deed must also bear the title number of the granter's interest. Section 26 of the 2012 Act contains the statutory requirements for the description.

The deed of transfer of part should normally describe the subjects as part of the granter's subjects using a description in accordance with section 26(1)(d) of the 2012 Act - see Plans Further Guidance section Deed Plan Must be Acceptable for more details. Any subsequent deed describing the part transferred must, in terms of 26(1)(c), bear a reference to the title number of the TP title sheet. In cases where that deed, or any subsequent deed, is executed before the new title number is known, the Keeper considers that the requirements of that section will be met if the deed sufficiently describes the individual part and bears the number of the parent title sheet. The most satisfactory course is to repeat the description contained in the transfer of part, but a common law description of the breakaway subjects will not be rejected.

A description which refers to a plot number on a development plan approved by the Keeper will be acceptable, provided that such approval has not been withdrawn as at the date of registration of the transfer (further details on development plan approval are at Development Plan Approval). A plan may still be attached to the deed, but is not essential, however reference must be made to the title number of the builder's title.

Error in Parent Title Number

Intake staff will create an application or applications against the parent title number or numbers quoted on the application forms. However, it may become apparent at a later stage of examination either that the parent title number quoted is incorrect or that the application does not refer to all the parent title numbers which are affected. Occasionally, the error in the application record may have been caused by RoS staff.

The deed cannot be amended and if there is an error in quoting the correct parent title number then the application should be rejected.

The general principle is that an application against a corrected or additional title number must not be given an earlier registration date than the date on which the application was amended or created. In the interests of expediency, this rule may be departed from in a limited number of circumstances. However, in each case registration staff must seek the authority of an officer of senior caseworker level or above, who will assess the level of the risk involved.

Requirement To Update Parent Title Sheet - General

The title sheet of the parent title must be updated to reflect every removal of an interest or land therefrom. The following examples illustrate some of the aspects which may require to be updated:

Property section

(i) General removal entry or additions to existing schedule of leases/removals/exceptions;

(ii) Amendments to the property description;

(iii) Rights, servitudes &c. granted and/or reserved in the deed of transfer, may have to be entered as burdens or for the benefit of the subjects/interests remaining in the parent title;

Proprietorship section

(iv) Amendment to the designation of the registered proprietor(s);

Securities section

(v) Partial discharges;

Burdens section

(vi) General entries in respect of rights of lessees;

(vii) Deletion of entries which no longer subsist and/or which do not affect the interest remaining in the parent title (e.g. notices of payment of grant which have been carried forward to the TP title for the part they affect).

There are several types of removal entries to be entered on the parent title. These are discussed in further detail at Styles for Removal Entries on Parent Title in Relation to Transfers of Part below. The type used is dependent on the deed of transfer, the interest/land being dealt with and the nature of the development. Any existing schedule of feus in the property section of a parent title sheet should not, in general, be amended.

Completion of Transfer of Part Title Sheet - General

All entries in the title sheet of the parent title and all matters referred to in the deed of transfer and other deeds lodged with the TP application, in conjunction with the information supplied by plans staff, must be considered. In the case of developing titles, the registration officer is given precise guidelines on how to complete the registration.

The registration officer must check that all pending applications over the parent title prior to the date of registration of the TP have been completed. For instructional TPs appropriate instructions as to what action, if any, the registration officer should take will be noted on the record card relevant to the parent title. The following sections provide more detailed guidance in relation to each part of the title sheet.

Pertinents, Rights in Common and Servitudes on Transfer of Part

All rights and servitudes in TPs (properly constituted in terms of current legislation) fall to be entered in the property section of the title sheet of the benefited property. However, the Keeper does not warrant that the right is of a kind capable of being a valid pertinent, or that if of a kind capable of extinction or variation without registration against the title of the benefited property it has not been so varied or extinguished.

The rights already entered on the parent title, either at length in the property section thereof or by reference to an entry in burdens section, such as in a deed of conditions, should be repeated at length in the transfer to the purchaser of only a part. Therefore the conveyance in favour of the applicant should set out at length the rights that are to be carried with the part sold.

In terms of section 12 of the Title Conditions (Scotland) Act 2003, where part of a benefited property identified in terms of said act is conveyed then it shall no longer form part of the benefited property unless specific provision is made otherwise. However if the subjects being transferred comprise the whole area that has previously been identified as the benefited property in relation to rights, servitudes, or enforcement of real burdens, then there is no requirement to re-state the situation in the current transfer.

Servitude rights

A servitude right created on a transfer of either the burdened or benefited property requires to be dual registered against both interests in accordance with the requirements of the Title Conditions (Scotland) Act 2003 to be properly constituted. Prior to the commencement date of said Act it was possible for a servitude to exist as an overriding interest against the burdened property and could be noted on the title sheet for that property.

For practical purposes, duly constituted servitudes will always be included in the burdens section of the burdened property title sheet, irrespective of the method of constitution. In this way, it will be ensured that the right is not overlooked when dealing with future transactions against either property.

Rights in common in deeds of conditions

If an existing deed of conditions is referred to for rights, and the deed contains rights, the property section of the title sheet for the plot of ground will merely include a reference to the burdens section entry for the deed of conditions.

If, however, the deed of conditions referred to includes rights in common areas, the extent of which is defined by reference to a future uncertain event, the following instructions on amenity areas in developments must be followed when the TP forms part of a new development.

Amenity areas in developments

Following the lands tribunal's decision in the case of PMP Plus Limited -v- The Keeper, the Keeper's policy on common areas within developments changed in relation to all new developments. A new development is one where the first split-off disposition of an individual property is presented for registration on or after 3 August 2009.

In addition, a further policy decision was taken by the Keeper after the introduction of the 2012 Act on those common areas within existing developments (those started prior to the Designated Day) where the extent of the common areas is not defined in the deeds. See the section on Unmappable Common Areas on the Property Section Information page for more details.

Rights of a trivial or obvious nature

No entries are required on either the benefited or burdened property title sheets for rights which are of a trivial or obvious nature. Examples of such rights are:

rights of way over adopted roads

rights of drainage that are undefined (or ill defined and vague) on the deed plan

Warranty

While rights are not warranted, if it can be seen that the granter has no title to the subjects over which the rights are granted (i.e. where the burdened property falls outside the parent title or the subjects have been previously removed from the parent title with no corresponding reservation) the rights will normally just be omitted. However some investigation may be necessary in case the granter is also proprietor of the burdened property. In such a case for instructional casework the application should be referred back to the officer who prepared the record card or, for non-instructional casework, the settler should consider if the application is valid or falls to be rejected.

Mines and MInerals on Transfer of Part

The position regarding minerals is often obscure and separate guidance is given on both title to minerals and Reservations of Minerals from a title on the Property Section Information page.

It is important that consideration be given to any notes on the parent title sheet in respect of minerals and also to any express exception or inclusion of minerals contained in a TP. The following schedule lists possible combinations of situations that may arise, with regard to information about minerals contained in the parent title and the deed of transfer. The procedures to be adopted by the legal registration officer are set out in the third column thereof.

Schedule of legal settle procedures for minerals on transfer of part

Parent Title		Deed of Transfer	Procedure
1	Silent	Silent	No action. (Minerals will be included sub silentio if granter of parent title has right thereto). No notes on TP title sheet are required.
2	Silent	Reservation of minerals by granter	Usual note re exception and entry required on TP title sheet. Refer to senior registration officer (legal) on disposition of last plot from parent title.
3	Exception of minerals	Silent	Carry forward note and entry from parent title to TP title.
4	Exception of minerals	Reservation of minerals by granter	1) Carry forward note and original burdens section entry from parent title to TP title. 2) Property section Note on new title to include reference to new transfer. 3) Burdens section entry on new title re reservation of minerals required
5	Inclusion of minerals	Silent	Minerals will be included in TP title sub silentio. No notes required on new title. Refer to senior registration officer (legal) on disposition of last plot from parent title.
6	Inclusion of minerals	Inclusion of minerals	Refer to senior caseworker - separate title sheet required for mineral title.
7	Inclusion of minerals	Exception of minerals	Include usual note and entry on title sheet - refer to senior caseworker on disposition of last plot from parent title.
8	Silent	Inclusion of minerals	Refer to senior caseworker - new title sheet may be required for mineral title.
9	Exception of minerals	Inclusion of minerals	Refer to senior caseworker.

If the minerals are registered as a separate tenement then a reference to the title number for that interest must be included on the title sheet for any plot of land (i.e. both the TP and parent title, if not already included).

The inclusion or exception of minerals in a deed of transfer may be qualified by the words ‘if any’ or ‘so far as we have right thereto’. The use of such words detracts from the certainty of the existence of the minerals or rights thereto and therefore in the absence of other evidence, the title sheet should remain silent as to any inclusion while containing the appropriate note and entry as to any exception.

Where, in a parent title, there is no reservation of the minerals in the property section but there is a mineral reservation in a deed of conditions affecting the subjects, or in the conveyances (dispositions) from the parent title, a note, similar to the examples given below, should be included in the property section of the parent title.

Where the reservation is contained in a disposition

Note: The parts edged and numbered in green on the cadastral map were removed from this Title under reservation of minerals.

Where the reservation is contained in a deed of conditions

‘Note: The Deed of Conditions in Entry ... of the Burdens Section contains a reservation of minerals. The parts edged and numbered in green on the cadastral map were removed from this Title subject to the said reservation.

Where nothing else remains in the parent title, there is the possibility that a title to the minerals exists and accordingly the title sheet should not be closed.

Securities Over Parent Title on Transfer of Part

The general rule in registration of title is that anything entered or noted in the title sheet affects the whole subjects in the title sheet, unless there is an express statement to the contrary. Consequently, where a security is shown in the securities section of the parent title it will be disclosed in any title sheet created for a part of the original secured subjects unless it has been discharged wholly or just in respect of the part to be sold.

Deeds of restriction/disburdenment lodged with the TP application or as a subsequent dealing over the TP

The part transferred will be removed from the parent title sheet to the TP title sheet and no mention of the standard security or of the deed of restriction/disburdenment will be made thereon. The deed of restriction/disburdenment will be archived only under the TP title number.

As the subjects no longer remain in the parent title, no entry is necessary on the parent title sheet.

Deeds of restriction/disburdenment lodged prior to TP application

In principle, a separate plans reference or verbal description is required for identification of the part disburdened and a footnote added to the relevant entry of the standard security on the parent title sheet. This will thus maintain the up to date position of that title sheet by showing that the security no longer affects the whole subjects in the Title viz.

‘Note: The part tinted pink on the cadastral map [or the north house on the top flat X] was disburdened of the Standard Security conform to Deed of Restriction registered ...’

In practice the TP application is usually lodged soon after the deed of restriction, so making the foregoing procedure unnecessary.

If the procedure above has been carried out and, subsequently, the disburdened subjects are transferred to a new title sheet, the footnote should be removed as it is no longer appropriate to the parent title sheet. Any reference provided on the cadastral map should also be removed if not required for any other reason.

Combined partial discharge and deed of restriction

When a registered security over the parent title is partially discharged as well as restricted, appropriate particulars must be entered as a footnote to the relevant entry of the standard security on the parent title sheet, viz.

'Note: The above Standard Security was discharged to extent of £... conform to Partial Discharge registered ...’

A note will always be entered in the above form, whether the partial discharge forms part of a combined partial discharge and deed of restriction lodged in connection with a TP, or whether it is a simple partial discharge.

For a simple partial discharge, the application for registration should be against the parent title. If a combined partial discharge and deed of restriction accompanies the TP application, a single application form is acceptable however the application should be made against both the parent title and the new title created for the part sold. This situation is equivalent to that pertaining upon first registration, when the FR application is accompanied by a discharge covering other (unregistered) subjects and so falls to be recorded in the Sasine Register.

If an application to register a combined partial discharge and deed of restriction is lodged on its own, prior to the TP application, the effect of both elements of the combined deed on the security will be entered on the title sheet in the form of footnotes to the relevant entry as prescribed in the preceding notes; i.e.

'Note: The above Standard Security was discharged to extent of £... conform to Partial Discharge registered ...’

and

‘Note: The part tinted pink on the cadastral map [or the north house on the top flat X] was disburdened of the Standard Security conform to Deed of Restriction registered ...’

When the registration of the TP eventually takes place, the footnote as to the deed of restriction only will be removed as it relates to subjects no longer in the parent title sheet.

Discharge of whole or deed of restriction disburdening residue of parent title

Where the whole of the registered subjects are disburdened of the security, this event will be treated and dealt with in the same way as a discharge in full i.e. by removal of the entry relating to the security.

Burdens Affecting Transfer of Part

Provided the legislative requirements for the creation of real burdens are complied with all new burdens validly constituted in a TP are set out in the burdens section of the TP title sheet. Details of the deed creating the real burdens will also be added to the property section of the benefited property title sheet in the form of a Schedule of Real Burdens, in most cases this will be the parent title.The schedule will identify the deed that created the real burdens and describe the burdened and benefited property or properties. In addition to the property section entry, an entry for the deed will be made in the burdens section of the benefited property title sheet, and the burdens that can be enforced will be set out at length.

When dealing with TPs, the situation frequently arises where there are reciprocal rights and burdens affecting both the subjects disponed and also the subjects (or part(s) thereof) remaining in the parent title. Both title sheets will therefore require entries in both the burdens section and also a schedule of enforcement rights in the property section.

If, on the registration of subsequent TPs that are affected by burdens against the parent title created in earlier TPs, the subjects therein are not disponed subject to the earlier burdens, the reciprocal entry will nevertheless automatically be imported from the parent title sheet into the dispositions, by virtue of the reference to the parent title number in the descriptions thereof. If the applicant considers that a burden in a parent title does not affect the property being conveyed then this should be explained as additional information to the application form.

Different considerations apply to leases - see below.

The preceding paragraphs contain general rules which should be followed in the straightforward case. Statutory, and more frequently, practical considerations dictate departure from these rules in certain cases, particularly where burdens and rights were created in deeds registered prior to 28 November 2004. For some of the practical considerations see the following paragraphs and also Record Cards for Instructional Transfers of Part below.

Prior to the introduction of the Title Conditions (Scotland) Act 2003 on 28 Nov. 2004, burdens created in recorded or registered deeds were, at that stage, personal against the granter and did not become real until the burdened subjects were conveyed subject to these burdens. However, when burdens were created over the parent title in favour of the part transferred, as the Keeper had already guaranteed the rights by entering them in the new title sheet for the part transferred, an entry of the counterpart burdens in the parent title sheet ensured that they were not overlooked when dealing with the subsequent transfer(s) of the burdened part(s).

Example property and burdens section entries

The following style of entry may have been used or adapted to meet the circumstances of each individual case:

Disposition by A to B registered ... of the part edged and numbered ... in green on the cadastral map contains the following rights which are burdens on the subjects [plans reference] remaining in this Title.

Conversely, if a TP contained burdens which were reciprocal rights in favour of the land remaining in the parent title, the burdens would have been entered in the burdens section of the new title sheet and also set out as counterpart rights in the property section of the parent title sheet and as an entry in the burdens section as follows:

Example of Note in A Section

Note: The Disposition in Entry ... of the Burdens Section contains reservations in favour of the subjects [Plans Ref.] [remaining in this Title].

Example of Entry in D Section

Disposition by A to B registered .... of the part edged and numbered ... in green on the cadastral map, contains the following reservations in favour of the subjects [plans reference] [remaining in this Title].

Certain dispositions may have contained rights in favour of both the parent title and the TP in addition to the burdens that created reciprocal rights. In such cases an entry along the following lines may have been used:

Disposition by A to B registered ... of the part(s) edged and numbered in green on the cadastral map contains the following rights and burdens which affect the subjects in this Title (or the subjects [plans reference]).

The note in the property Section above should also be used.

If the parent title has been mapped to remove the area conveyed, rather than adding a green edge and a number, then a specific reference may be required to identify the subjects conveyed.

Leases

No entry will be made on a landlord's title sheet to disclose any conditions of lease that the landlord has a right to enforce, or obligations in favour of the lessee which he undertakes.

There will, however, be inserted in the burdens section of the landlord's title an entry in the following form:

The rights of the tenants under the Leases specified in the Schedule of Leases in the Property Section are burdens on the subjects in this Title.

Obsolete burdens

Section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, which came into effect on 30 December 1985, provided that it shall always have been competent to impose conditions in an assignation or deed of conditions affecting leasehold property. Prior to that date any entry creating such conditions would have included the following note:

'Note: The subjects in this Title being Leasehold, the foregoing conditions have not been validly created real conditions’.

Where such a note exists it should be removed from the title sheet.

Styles for Removal Entries on Parent Title in Relation to Transfers of Part

The type of removal entry used is dependent on the deed of transfer, the interest/land being dealt with and the nature of the development, as set out below.

Dispositions of land

The parts transferred will be either completely removed or ‘greened out’ on the parent title cadastral map.

If the whole area disponed is removed from the extent of the cadastral unit then no amendment is required to the property section unless the extent requires to be altered if more than 0.5 hectare.

If the areas transferred are 'greened out' of the cadastral unit for the parent title the plans registration officer will give the instructions for the following note to be entered in the property section:

‘Note: The parts edged and numbered in green on the cadastral map have been removed from this Title.’

No further instructions in respect of subsequent removals by way of dispositions of land are required. An additional note may be required where ‘rights in common’ in other parts is included in the parts transferred. See also guidance on Shared and Sharing Plots - Plans Settle.

Partial assignations of leasehold subjects

The instructions in the immediately preceding paragraph also apply.

Dispositions of parts of buildings (e.g. flats etc.) in a tenement steading parent title

These removals will be shown on the parent title sheet by way of a note and a schedule of removals on the following lines:

Note: The parts specified in the schedule of removals below have been removed from this Title.’

SCHEDULE OF REMOVALS

Entry No.	Subjects	Date of Registration
1	northmost first floor flat of Tenement 2 Castle Green, with garden ground, cellar and rights effeiring thereto registered under title number LAN123456	10 Jul. 1985

Any subsequent removals will be added to the schedule. On registration of a transfer of part application for the last flat in the building, the plans officer will inform the legal settler that the southmost ground floor flat comprises the remainder of the area in that title sheet. The removal of the final flat is reflected in the schedule.

SCHEDULE OF REMOVALS

Entry No.	Subjects	Date of Registration
1	northmost first floor flat of Tenement 2 Castle Green with garden ground, cellar and rights effeiring thereto registered under title number LAN123456	10 Jul. 1985
2	southmost first floor flat of Tenement 2 Castle Green with garden ground, cellar and rights effeiring thereto registered under title number LAN123457	12 Aug. 1985
3	northmost ground floor flat of Tenement 2 Castle Green with garden ground, cellar and rights effeiring thereto registered under title number LAN123458	4 Jun. 1986
4	southmost ground floor flat of Tenement 2 Castle Green with garden ground, cellar and rights effeiring thereto registered under title number LAN123459	9 Jul. 1987

The schedule, therefore, forms a permanent record on the LRS of the title numbers which the flats forming part of that cadastral unit have been registered under.

Leases of land

The part leased will be ‘yellowed out’ on the parent title cadastral unit. These leases will be shown on the parent title sheet by way of note and schedule as follows:

‘Note: The parts edged and numbered in yellow on the Title Plan have been leased - for particulars see Schedule below.’

SCHEDULE OF LEASES

Entry No.

No. on

Plan

Tenant

Date of

Registration

Term

Rent

1

Car Repairs

Limited

1 Feb. 1984

21 years

from

Whitsunday

1986

£3000 per annum

with review

every three

years

Any subsequent leases will be added to the schedule.

Leases of parts of buildings (e.g. shops etc.) in a parent title

A ‘yellow out’ is not appropriate. The whole building will be numbered in yellow on the parent title cadastral unit or a verbal reference will be used. These leases will be shown on the parent title sheet by way of a note and schedule as follows:

‘Note: The parts numbered in yellow on the cadastral map have been leased - for particulars see Schedule below.’

SCHEDULE OF LEASES

Entry No.

No. on Plan

Subjects

Tenant

Date of

Registration

Term

Rent

1

1 (part of)

ground floor shop Unit 5

F and G Limited

2 Feb. 1984

6 Nov. 1983
to 30 Nov. 2010

£1000 per annum

Any subsequent leases will be added to the schedule.

Although the above illustrations of removal entries should be suitable for most TPs, there will be occasions where entries will have to be devised to meet particular cases. In such circumstances the removal entry must be approved by a senior legal registration officer who will, if necessary, confer with his or her counterpart in plans.

Partial assignations of parts of buildings in a leasehold parent title

The instructions in the immediately preceding paragraph also apply.

Rights in common

As well as disponing/leasing/assigning subjects/interest, the deed of transfer frequently grants rights of property in common with adjoining proprietors etc. in other parts of the subjects in the parent title e.g. solum of buildings, roads and footpaths, amenity areas etc.

These rights of property may have the effect, on completion of a development, of removing such land from the parent title. It is necessary, therefore, for the parent title sheet to reflect the removal of such rights of property and to identify the parts of subjects so affected. The removal entries may take the form of additional notes in the property section (or additions to notes referring to schedules of breakaways) or additional entries in the schedules of removals etc.

In terms of the keeper's policy for new developments where all of the spilt-offs were registered on or after 3 August 2009, rights in common areas which are identified by reference to a future uncertain event will no longer be included in TP title sheets. It follows therefore that, as such rights have not been removed from the parent title there will be no reference to these rights in the parent title sheet.

The forms of note and wording will depend upon circumstances. The following are offered as examples:

Example No.1

‘Note 1: The parts edged and numbered in green on the cadastral map have been removed.’

‘Note 2: The Dispositions of the subjects edged green on the cadastral map each include the common rights in the Development as defined in the Deed of Conditions in Entry X of the Burdens Section.’

Example No.2

‘Note 1: (as Note 1 above).’

‘Note 2: The Dispositions of the subjects edged green on the cadastral map each include the rights in common specified in the Deed of Conditions in Entry X of the Burdens Section.’

Example No.3

‘Note 1: (as Note 1 above) .

Note 2: The rights of exclusive, common and mutual property effeiring to those parts in terms of the Deed of Conditions in Entry X of the Burdens Section have been removed therewith’.

See also guidance on Shared and Sharing Plots Guidance

Last Removals

When plans identify what they believe to be a transfer of the whole of the land remaining in the parent title, they pass it to a senior caseworker to consider how the application is to be progressed and whether the parent title can be closed.

In straightforward cases the last removal is then returned to the plans officer who will map and settle it and return it for legal settle. On completion of the case by a legal officer the parent title should be updated or closed as guided by the senior caseworker.

Last removals - legal consideration

The appropriate registration officer must check carefully before instructing plans to close any title. Consideration should be given to the types of removals (e.g. where the removals are leases the parent title cannot be closed as only a subordinate interest has been removed), whether areas of common ground remain in the ownership of the developer, and the position of the minerals should be considered carefully (see Mines and Minerals on Transfer of Part in the Table of Contents). When the decision to close a title has been made and the last TP settled, there is no need to add a removal reference; the note stating that the Parent Title has been closed and continued under the TP number should be added.

Additional considerations apply in relation to the removal of flats or other parts from a tenement steading, see Dispositions of parts of buildings in a tenement steading parent title above.

Closed title notes

If it has been decided the title is to be closed the legal examiner will instruct the closing of the title on the Land Register System (LRS). This will automatically generate the addition of the following note after the last entry of each section of the title sheet:

Note: TITLE CLOSED ON (DATE), REGISTRATION CONTINUED UNDER TITLE NUMBER ...

Closure of the title on the LRS will also automatically generate the addition of the following note to the application workdesk and the title workdesk:

Note: Application no ...Title CLOSED with closure ...(date). Executed on LRS at ...(date).

Last transfer leaves only roadways etc. in title

Where the transfer is of the last remaining plot on completion of the development, and only roadways or verges and other areas which are not likely to be sold off remain, plans staff will notify legal staff. A note in the following terms will be added:

‘Note: Only roadways, grass verges etc. remain in the Title.’

Record Cards for Instructional Transfers of Part

The record card is a general guide that sets out clear and concise directions as to the methods of examination to be followed, and entries to be made, on title sheets of TPs out of the same parent title. By following the instructions thereon, all title sheets out of the same parent title can be prepared in similar form.

Once prepared, the record card enables all TPs covered thereby to be dealt with by registration officers of an appropriate grade trained in the TP process.

Record card information

The record card contains information and instructions as to

Date of first registration of parent title;
The entries on the parent title sheet which must or must not be carried forward to the transfers of part title sheets;
The type of rights and burdens contained on the transfers of part and the treatment thereof in regard to the parent title and TP title;
The evidence required in support of the TP application which would satisfy the Keeper with regard to the entries on the parent title (i.e. deeds of restriction, etc.); and
The addresses or types of property that the record card relates to;
Miscellaneous information which enables the registration officer to deal with the TP application, without further reference to plans or a senior officer.

The record card is a general guide to follow. It is not to be regarded as set precedent for all TPs and it is the responsibility of the registration officer processing the TP application to satisfy themselves that the property they are dealing with is covered by the guidance on the record card.

Examination before map by legal registration officer

When a developing title has been identified by plans, the first step towards production of a record card is the examination before map by a senior legal registration officer. The plans registration officer will consult with the appropriate legal registration officer as to the style of mapping to be adopted, not only on the first removal but also on the subsequent transfers of part from the parent title.

Plans staff should take great care to provide the first removal from each phase of a development or the first removal of each distinct type from any development (e.g. house plot or flat). The legal registration officer should also indicate which references are to be carried forward from the parent title.

The first removal(s) are returned to the plans registration officer for completion of map and settle. When this has been done, they are returned to the appropriate legal registration officer who settles the cases and completes the record card. The relevant registration officers are then able to settle the subsequent TPs with reference to the said record card.

On completion of the last removal from any parent title, the record card will be archived on the parent title, unless an electronic copy is held on archive.